Tue May 20 19:10:00 UTC 2025: **Summary:**
Homeland Security Secretary Kristi Noem sparked controversy by incorrectly defining habeas corpus during a Senate hearing and asserting President Trump’s “absolute right” to deport individuals without due process. This comes amid an unprecedented campaign of detentions and deportations, some of which courts have ruled violate habeas corpus rights. Other Trump administration officials have also floated suspending habeas corpus. This stance is in line with Trump’s invoking the Alien Enemies Act to target Venezuelan gang members for deportation, a move recently challenged and partially blocked by the Supreme Court due to lack of due process.
**News Article:**
**Habeas Corpus Ignorance:** Noem Defends Deportations Without Due Process
**Washington, D.C.** – Homeland Security Secretary Kristi Noem ignited a firestorm of controversy Tuesday by incorrectly defining habeas corpus, the constitutional right to challenge unlawful detention, and claiming President Trump has an “absolute right” to deport individuals without due process.
During a Senate hearing, when questioned by Senator Maggie Hassan (D-N.H.) about the meaning of habeas corpus, Noem stated it was a “constitutional right that the president has to be able to remove people from this country.” Hassan swiftly corrected Noem, asserting that the principle is fundamental for a free society.
The Department of Homeland Security (DHS) attempted to back up the Secretary’s comments. “Secretary Noem was right: Presidents have suspended habeas corpus in practice—Lincoln, Grant, FDR, and Bush—all during moments of crisis,” DHS assistant secretary Tricia McLaughlin told CNBC.
Critics point out that Noem’s stance aligns with an ongoing DHS campaign of detentions and deportations that have been challenged in court as violating detainees’ habeas corpus rights. Earlier this month, White House Deputy Chief of Staff Stephen Miller suggested suspending the writ of habeas corpus for migrants, claiming a time of invasion.
President Trump recently invoked the Alien Enemies Act to target Venezuelan gang members for deportation, leading to scores of detentions and deportations. The Supreme Court recently intervened, blocking the deportation of some Venezuelan detainees due to the Trump administration failing to provide adequate due process, with the court stating “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”
The writ of habeas corpus has only been suspended a few times since the U.S. Constitution was ratified, with Congressional authorization preceding such action in most instances. The debate highlights growing concerns about due process and executive power within the Trump administration’s immigration policies.
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